Appealing or reviewing a tribunal decision

Apply for leave to appeal on a point of law

Any party to a tribunal appeal who is dissatisfied with the tribunal's decision may seek leave (permission) to appeal to the High Court on a point of law. This means that only legal issues may be raised, not issues of fact.

Parties include the person appealing, the Ministry of Business, Innovation and Employment’s Chief Executive or the Minister of Immigration.

You need to apply to the High Court for leave within 28 days after the date you were notified of the decision.

Apply for judicial review

You have the right to apply for judicial review with the High Court. This means that you’re asking the High Court to review the tribunal's exercise of its statutory power.

An application for judicial review must be filed within 28 days after the date you or your representative were notified of the decision.

If you’re applying for both

If both an appeal on a point of law and a judicial review of proceedings are sought about the same case, the party must lodge the applications for appeal and for judicial review together. The High Court must try to hear both together (unless it’s not practical to do so).

Legal advice

It is strongly recommended that you seek legal advice before filing an application for leave to appeal on point of law or application for judicial review with the High Court.